District 23 results still up in the air

The Hammonds Plains-St. Margaret's candidate who placed third in last month's municipal council election has to decide by Nov. 7 whether she'll ask a Supreme Court judge to consider overturning the results of the tight three-way race.

Gina Byrne cited a number of problems with polling stations in the parts of District 23 she felt most strongly backed her. She said advance polls that didn't open on time and confusion about two polling stations on election day led frustrated voters to contact her because they felt democracy hadn't been served.

Last week, councillors held a closed-door meeting to discuss the possibility of holding another election in District 23. During the regular council session, the district's outgoing councillor Gary Meade, brought forward a motion to take no action on the matter.

That motion was supported by council.

"We were all really disappointed in the way HRM voted against this, based on a staff report, without asking for my input, or (second place candidate) Doug Poulton's input," said Byrne.

Byrne held a community meeting on Oct. 30 to gauge local reaction to the issue. She said although the 20 or so residents who showed up supported her, she needs many more to step forward and express their wishes. She'd need signed affidavits to bring to a judge if she goes ahead with a legal challenge.

"I'm not doing this for me, I'm doing it because when I was out campaigning I said that I'd listen and respond to the concerns of residents," she said. "Some feel their voices weren't heard during this process."

If her planned appeal to the Nova Scotia Department of Municipal Affairs this week doesn't bear fruit, Byrne said she'll still consider going to a judge if enough residents support the move. If they don't, she's still satisfied something positive came out of the situation.

"If they want another election, they have to speak up now before (Nov. 7) or let it go and be a community group that will fight for the rights of this area," she said.

During the Oct. 30 meeting, Byrne said those in attendance agreed with the idea of forming a community group to ensure the voices of residents in her part of District 23 are heard. The area in question stretches from Highway 103 to Kearney Lake Road and includes the polling districts Byrne received complaints from.

"This part of the district is not even part of the 25 year plan. Hammonds Plains Road is the gateway to the Bay and if we don't consider this infrastructure, we're putting the cart before the horse," she said.

"I'll continue to pursue other avenues regarding this, but those avenues are starting to close down."

The district's winning candidate Peter Lund received 42 more votes than runner-up Doug Poulton and was 59 votes ahead of Byrne. However, Lund wasn't sworn in with the rest of council on Nov. 4, pending the results of a judicial recount slated for Nov. 17.

ydentremont@hfxnews.ca